A Comparative Study Of The Crime Of Jeopardizing The National Security Between China And Korea

China and Korean criminal laws stipulate the crime of jeopardizingthe national security.In terms of the legislation of the concept, scope,legislative history, elements, classification and charges settings have incommon.However,there are also many differences.These differences wereapparent decided by the different national political philosophy and theconstitution system between China and Korea. The crime of jeopardizingthe national security of China is affected by minority separatist forces(“Tibetan separatist”,“East Turkistan separatists”), the “Taiwan independence”forces, one country two systems of political factors, has a unique history,criminal justice system, on the characteristics of the crime constitution.The crime of jeopardizing the national security of Korea is also affectedby the ’North South split’ special national status and the nationalphilosophy of liberal democracy, has its own unique legal system ofcriminal law, the characteristics of legal form.The author believes that thecomparative study of the crime of jeopardizing the national securitybetween China and Korea is meaningful,the criminal stipulates betweenthe two countries also have their own strengths. In this paper,the crime ofjeopardizing the national security between China and Korea will besystematically analyzed and compared by studying their concept and scope, history, the characteristics of legal form, criminal types andoffenses and related criminal law system, and combining the practice ofthe two countries,prospecting the trend of the crime of jeopardizing thenational security, learning from each other’s legislative strengths,exploring the legislative plan and path.This thesis is composed of six chapters. The first chapter is theconcept of the crime of jeopardizing the national security of China andKorea,It mainly reveals the concept of the crime of jeopardizing thenational security of the two countries, and comparative analysis thelegislation of the two countries.The second chapter is history,examinesthe history, constitute characteristics, meaning and legislative backgroundof the crime of jeopardizing the national security of China and Korea.The third, fourth and fifth chapters is the type, offenses,characteristics.and penalties of this crime.the corresponding criminaloffenses,characteristics and penalties were investigated and comparedwith each other.The sixth chapter is the improvement of legislation bylearning from each other about the crime of jeopardizing the nationalsecurity. By investigating and comparing the crime of jeopardizing thenational security of China and Korea, proposing the thoughts andsuggestions to improve the legal norm and legal institutions of the twocountries the crime of jeopardizing the national security.Comparative analysis of the crime of jeopardizing the national security of China and Korea, and to explore the similarities anddifferences between them, get some inspiration from each other.In thelegislation of Chinese the crime of jeopardizing the national security, thecomponents of offence of treason,offence of splitting the state,subversionof state power,espionage are worthy to be learning Korean criminallaw.And Chinese legislators actively respond to social change anddevelopment, the historical tradition of timely amending related laws areindeed worthy of learning by Korean legislators. Correspondingly, theaccusation and classification of criminal acts that endanger state securityof Korean are worthy to be learning Chinese criminal law. For example,the behavior of insulting and slandering national flag, national emblem isevaluated as an ordinary criminal offense in Chinese criminal law, Koreancriminal law treat such criminal acts as a crime against national security(authority),the legal evaluation appears more rigorous, more reasonable.And Korean criminal law taking the armed rebellion, violence crime ascrime of armed rebellion becomes more reasonable.